Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
[1991] 1 SLR(R) 230 at [16]. As the plaintiff has argued, the Court in Lee Hsien
Loong v Singapore Democratic Party [2007] 1 SLR 675 accepted that news
reports could be considered in determining how widely known certain facts are,
and thus how an ordinary reasonable person would identify the natural and
ordinary meaning of the words used. Given the sheer volume of reporting on
the issue, the facts surrounding the 1MDB episode cannot be said to go beyond
the ordinary reasonable person’s general knowledge. Furthermore, the point of
the extrinsic evidence rule is that reference to such extrinsic evidence may take
the meaning of the allegedly defamatory words out of their natural and ordinary
meaning, such that the meaning then would really be one of innuendo: Goh
Chok Tong v Joshua Benjamin Jeyaretnam [1997] 3 SLR(R) 46 at [93] to [100].
A case founded on innuendo would have to be specifically pleaded. However,
there is no evidence to suggest that the plaintiff is in fact relying on some covert
innuendo meaning on the instant facts. As observed by the Court in Gordon
Berkeley Jones v Clement John Skelton [1963] 1 WLR 1362 from 1370 to 1371,
what counts as impermissible extrinsic fact for the purpose of the extrinsic
evidence rule is something that goes beyond general knowledge.
31
There was also some argument between the parties about the Chase
meanings as laid down in Chase v News Group Newspapers Ltd [2002] EWCA
Civ 1772 (“Chase”) at [45].17 I am doubtful though that this was, in the end,
useful. Such determination of meaning was considered in Chase in the context
of determining what was to be put forward in a defence of justification. One
must bring in sufficient evidence to show the truth of what was asserted, which
must in turn be dependent on what exactly was asserted. This thus gave rise to
the need to calibrate, by reference to the three levels of Chase meanings, what
17
See, for example, PCS at [54] et seq and Defendant’s Closing Submissions (“DCS”)
at [23] et seq.
16
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